Today marks the first day that marijuana is decriminalized in Baltimore, but don’t just go smoking a joint in the middle of the street–unless you’re in Montgomery County, that is.

The new law treats possession of up to 10 grams of marijuana as a civil crime punishable by a fine; marijuana-smoking paraphernalia is still against the law. But Montgomery County is taking that one step further: John McCarthy, the county’s state’s attorney, has said that he’ll treat those who are in possession of even larger amounts the same way, as long as it’s clear it’s for personal use. (As the Sun reports, McCarthy has long exercised his discretion by not bringing criminal charges against people possessing small amounts of the drug.) How will they know if it’s not for personal use? The presence of baggies and scales.

McCarthy told the Sun that “we’re not legalizing it” but rather “trying to be more logical.”